(a) For the purposes of this section, the following terms have the meanings given them.
(b) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
(c) "Convicted" includes a conviction for a similar offense under the law of another state or the federal government.
(d) "Motion picture theater" means a movie theater, screening room, or other venue when used primarily for the exhibition of a motion picture.
(a) Any person in a motion picture theater while a motion picture is being exhibited who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the motion picture theater is guilty of criminal use of real property.
(b) If a person is convicted of a first offense, it is a misdemeanor.
(c) If a person is convicted of a second offense, it is a gross misdemeanor.
(d) If a person is convicted of a third or subsequent offense, it is a felony and the person may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both.
An owner or lessee of a motion picture theater is a merchant for purposes of section 629.366.
This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence-gathering employee or agent of the state or federal government from operating any audiovisual recording device in a motion picture theater where a motion picture is being exhibited, as part of lawfully authorized investigative, law enforcement protective, or intelligence gathering activities.
Nothing in this section prevents prosecution under any other provision of law.